The Albanese Government has tonight passed legislation to establish an independent National Student Ombudsman to investigate student complaints and resolve disputes with universities.
Sarah Bendall will lead the new National Student Ombudsman function of the Commonwealth Ombudsman's office.
Ms Bendall brings extensive expertise in complaints management, investigations and dispute resolution from a variety of state departments and agencies.
The National Student Ombudsman forms part of the Action Plan to address gender-based violence in higher education, agreed to by Education Ministers earlier this year.
Not enough has been done to address sexual violence in our universities, and for too long, students haven't been heard.
The 2021 National Student Safety Survey shows one in 20 students have been sexually assaulted since they started university and one in six have been sexually harassed. One in two have felt like they weren't heard when they made a complaint.
The Ombudsman will allow higher education students to escalate complaints about the actions of their higher education provider, including complaints about sexual assault and sexual harassment.
The Ombudsman will:
- consider whether decisions and actions taken by higher education providers are unreasonable, unjust, oppressive, discriminatory, or otherwise wrong
- recommend a provider takes specific steps to resolve the complaint
- share information with relevant regulators for further compliance action if needed
- offer a restorative engagement process between the student and the provider where appropriate, and
- bring parties together to resolve complaints through an alternative resolution process.
The Ombudsman will have strong investigative powers including requiring a person or university to provide information.
A National Higher Education Code to Prevent and Respond to Gender-based Violence will also be established.
Addressing sexual assault and sexual harassment in universities was one of five priority actions from the Australian Universities Accord Interim Report.
The Action Plan was informed by consultation with victim-survivor advocates, students, staff, the higher education sector, student accommodation providers and subject matter experts, including the CEO of Our Watch, Patty Kinnersly, and across governments.
The Action Plan will contribute to the work to end gender-based violence in one generation as outlined in the National Plan to End Violence against Women and Children 2022-2032, which is being led by Minister for Social Services, the Hon Amanda Rishworth MP.
The Ombudsman will also be able to take complaints from students about a provider's handling of other matters for example where a student is subjected to homophobia, antisemitism or Islamophobia or other forms of racism on campus. It will not handle complaints about issues such as academic judgement or employment matters.
The independent National Student Ombudsman is expected to start taking complaints from 1 February 2025.
Quotes attributable to Minister for Education Jason Clare:
"Not enough has been done to address sexual violence in our universities and for too long students haven't been heard. That begins to change with the passage of this legislation.
"Universities aren't just places where people work and study, they are also places where people live, and we need to ensure they are safe.
"I am pleased to welcome Sarah Bendall as she leads the new National Student Ombudsman function.
"I want to thank Sharna Bremner from End Rape on Campus, Camille Schloeffel and the team from the STOP Campaign, Renee Carr from Fair Agenda, Dr Allison Henry and all those who have fought for this."
Quotes attributable to Attorney-General Mark Dreyfus:
"Everyone should feel safe and supported on university campuses so they have the best chance to succeed and thrive.
"The new National Student Ombudsman will be a powerful, independent voice to investigate and help students when they experience sexual violence or discrimination of any kind."
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, chat online via www.1800respect.org.au or text 0458 737 732.
